NH CrJI 3.12 SELF-DEFENSE: DEADLY FORCE NOT JUSTIFIED

State: Jury Instruction Number:

NH CrJI 3.12 SELF-DEFENSE: DEADLY FORCE NOT JUSTIFIED [1985]

IMPORTANT: New Hampshire eliminated the legal duty to retreat, effective November 13, 2011, when it added the words “or anywhere he or she has a right to be” to R.S.A. 627:4, III(a) and where the person was not the initial aggressor.

A person does not have the right in using deadly force on another person to defend himself [or a third person] if:

R.S.A. 627:4, III(a) – Retreat

1. The defendant knew that he [and the third person] could retreat form the encounter; and,

2. The defendant knew that he [and the third person] could retreat with complete safety.

3. However, the defendant was not required to retreat if he was in his house or nearby surroundings and, if he was not the one who started the encounter.